City of Columbus v. Bonner
Decision Date | 14 May 1981 |
Citation | 2 OBR 37,2 Ohio App.3d 34,440 N.E.2d 606 |
Parties | , 2 O.B.R. 37 CITY OF COLUMBUS, Appellee, v. BONNER, Appellant. |
Court | Ohio Court of Appeals |
Syllabus by the Court
The purpose of R.C. 2945.71, the speedy trial statute, is to implement the constitutional protection of the right to a speedy trial. Where a trial court orders counsel to be appointed for a defendant, but neglects to implement such order until the date of trial, any delay occasioned by a continuance to permit appointed counsel to prepare for trial is not a "reasonable continuance" pursuant to R.C. 2945.72(C) and (H), and shall not be effective to extend the time requirements of R.C. 2945.71.
Gregory S. Lashutka, City Atty., Ronald J. O'Brien, City Prosecutor, and David E. Tingley, Asst. Pros. Atty., for appellee.
Bernard Z. Yavitch, Reynoldsburg, for appellant.
This matter is before us on appellant's appeal from a judgment of the Franklin County Municipal Court rendered on a jury verdict finding appellant guilty of one count of falsification in violation of Section 2315.08, Columbus City Code.
On June 27, 1979, Terry S. Bonner, appellant herein, was in custody of Franklin County authorities on charges unrelated to the case before us. While in the holding cell at the Columbus Police Station awaiting arraignment, appellant allegedly fell and was injured. According to statements made by appellant to officers of the Internal Affairs Bureau of the Columbus Police Department and at trial, a Columbus patrolman repeatedly struck appellant with the cell door and kicked him twice. The incident was investigated by the Internal Affairs Bureau and the patrolman was exonerated. Appellant was then charged with falsification under Section 2315.08, Columbus City Code.
A summons on complaint was issued on October 8, 1979, but the date of service on appellant is not reflected in the record. Appellant appeared in Franklin County municipal court on October 17, 1979, and entered a plea of not guilty to the charge. Appellant demanded a jury trial and refused to waive speedy trial time. The case was assigned to a judge of the Municipal Court. At pretrial on November 19, 1979, appellant claimed indigency and requested that counsel be provided for him. The judge to whom the case had been assigned ordered that counsel be assigned and also that the case be reassigned to another judge, because of the possibility that he would be called as a witness in the case. The case was then assigned to another judge of the Franklin County Municipal Court, and jury trial was scheduled for January 7, 1980.
On January 7, 1980, the trial judge appointed a defense counsel for appellant and ordered a continuance of the trial in order to give defense counsel time to prepare. On February 8, 1980, the presiding judge of the Franklin County Municipal Court heard appellant's motions for discovery and for disqualification of all Franklin County Municipal Court judges. The motion for discovery was sustained, and the motion to disqualify was overruled. However, when the case was called for trial on February 19, 1980, appellant failed to appear, and the case was eventually tried to a jury on April 29, 1980.
In support of his appeal, appellant raises the following eight assignments of error:
Because of its bearing on the disposition of this case, the second assignment of error will be discussed first. In support of his second assignment of error, appellant argues that he was denied his right to a speedy trial in accordance with the provisions of R.C. 2945.71 through 2945.73. Appellants' contention is well founded.
Falsification is designated as a misdemeanor of the first degree. With regard to misdemeanors of the first degree, R.C. 2945.71(B)(2) provides that a person charged with a misdemeanor shall be brought to trial:
"Within ninety days after his arrest or the service of summons, if the offense charged is a misdemeanor of the first or second degree, or other misdemeanor for which the maximum penalty is imprisonment for more than sixty days."
R.C. 2945.72 provides for extension of the time period under certain circumstances, including, inter alia, the following:
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